Acceptance of Terms of Use
These Terms of Use govern your use of the Codeblack.com, CodeblackTv.com, Codeblack.tv (hereinafter "Codeblack TV") service, including all features and functionalities, instant streaming, Video on Demand, DVD purchases, our website and user interfaces, and all content and software associated therewith (the "Codeblack TV service" or "service"). By using, visiting, or browsing the Codeblack TV service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use the Codeblack TV service. including our website and user interfaces.
These Terms of Use are an ongoing contract between you and Codeblack Enterprises, LLC. and apply to your use of the Codeblack TV service as made available in the U.S. They affect your rights and you should read them carefully. Different terms, conditions and limitations may apply to the Codeblack TV service available in other jurisdictions.
Changes to Terms of Use
Codeblack TV reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on "Terms of Use" located at the bottom of the pages of the Codeblack TV website. The most current version of the Terms of Use will supersede all previous versions.
Privacy and Communications Preferences
Any personally identifying information submitted through the Codeblack TV service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. By agreeing to these Terms of Use, you are consenting to receive certain communications from us. For example, Codeblack TV may send you newsletters about new Codeblack TV features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply use your account name and password to access the "Email Subscriptions" page under "Account" and uncheck those items to unsubscribe or click on the unsubscribe link in our email communications. Please review our Privacy Policy for further detail on our marketing communications. You can also find the unsubscribe instructions there.
Membership and Billing
You can find the specific details regarding your membership with Codeblack TV at anytime by visiting our website, logging in and clicking on the "Account" link.
• Billing - Monthly Membership
By starting your Codeblack TV membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate plus any applicable tax, and any other charges you may incur in connection with your use of the Codeblack TV service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Additional charges may include purchases, Gift Subscription purchases you make or service level changes you request. Please note that prices and charges are subject to change with notice. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. Visit our website and click on the "Membership Terms and Details" link on the "Account" page to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, differing amounts due to changes in your membership plan, purchases you make or changes in the amount of applicable sales tax upon cancellation or termination of your membership, and you authorize us to charge your Payment Method for such varying amounts. If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial portion. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are fully earned upon payment. Payments are nonrefundable and THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the "Account" link, available at the top of the pages of the Codeblack TV website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
• Ongoing Membership
Your Codeblack TV membership, which may or may not start with a free trial portion, will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee at the then current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.
• Cancellation
You may cancel your Codeblack TV membership at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel your membership, visit our website and click the words "Cancel Membership" on the "Account" page and follow the instructions for cancellation under the heading "Cancel Membership."
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
How Our Service Works
Codeblack TV is an online subscription and rental service providing its members with access to movies and TV shows streamed over the Internet. We may offer a variety of membership and rental plans at varying price levels, including special promotional plans or memberships with limitations on the number of movies and TV shows rentable or watched instantly online during a month. To view the details of your specific membership plan, click the "Membership Terms and Details" link on the "Account" page.
We reserve the right in our sole discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.
• Watch Instantly
Our instant streaming functionality allows you to instantly watch certain movies and TV shows on a Codeblack TV ready device. The availability of movies and TV shows to instantly watch will change from time to time. The quality of the display of the streaming movies and TV shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible usage based data charges. Codeblack TV makes no representations or warranties about the quality of your instant watching experience on your display. Streaming movies and TV shows may not contain all the same features you will find on a DVD-version of the same titles, such as bonus features, language selection, and captions.
Availability and Time Limits: The number of movies and TV shows you may watch instantly may depend on your plan. To view the details of your specific membership plan, click the "Membership Terms and Details" link on the "Account" page.
Start Time: The time it takes to begin watching a movie or TV show instantly will vary based on a number of factors, including your location, available bandwidth at the time, the movie or TV show you have selected and the configuration of your Codeblack TV ready device. For example, high-speed action scenes or special effects at the opening of a movie or TV show may slightly delay its start time. In addition, you must be connected to the Internet throughout the watch instantly experience.
Device Limitations and System Requirements. You may instantly watch on up to four unique authorized Codeblack TV ready devices. For certain membership plans, you may be allowed to instantly watch simultaneously on more than one Codeblack TV ready device within your household, up to total of four devices at a given time. To enjoy watching instantly via your personal computer, your equipment must satisfy certain system requirements.
Windows
• Windows XP with Service Pack 2, Vista or Windows 7
• Internet Explorer 6.0 or higher; or Firefox 3 or higher; or Chrome 7 or higher
• 1.2 GHz processor
• 512 MB RAM
Macintosh
• An Intel-based Mac with OS 10.4.11 or later
• Safari 3 or higher; or Firefox 3 or higher
• 1 GB RAM
• You will also need an active broadband connection to the Internet
Geographic Limitation: You may not instantly watch a movie or TV show through the Codeblack TV service anywhere other than within the 50 United States and the District of Columbia. Due to licensing restrictions, you may not instantly watch movies and TV shows outside of this area, and Codeblack TV may use technologies to verify your compliance.
Codeblack TV streaming software: Codeblack TV streaming software is developed by or for Codeblack TV and is designed to enable instant streaming of content from Codeblack TV through Codeblack TV ready devices. This software may vary by device and medium, and functionalities may also differ between devices. For example, this software may be embedded in a Codeblack TV ready device or we may offer this software to be downloaded onto a device such as the Apple iPad, or the software may also be available on an optical media disc to be inserted into disc drives of certain devices. This software is licensed to you by Codeblack TV pursuant to these Terms of Use and solely for the purpose of using the Codeblack TV service and for no other purpose whatsoever. WE DO NOT WARRANT THE PERFORMANCE OF THIS SOFTWARE, INCLUDING ITS CONTINUING COMPATIBILITY WITH OUR SERVICE. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use. Under certain of our membership plans, the streaming functionality may be available for watch instantly only on a computer, and not on other devices. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or creative derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and Codeblack TV reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the Codeblack TV service through such software at any time, without prior or any notice.
In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all movies and TV shows may not be watched, or may cease to be available for watching instantly, through our service on some Codeblack TV ready devices.
Features & Functionality
• Social Media
You may at a point be able to connect your account to Facebook. If you choose to connect, you'll be able to take advantage of various social features we will be creating as well as features available from Facebook. These features will be designed to share information with others - the essence of social media. For example, your friends and others who have access to view information about you on Facebook will be able to see that you're a Codeblack TV member as well as what you've watched, rated, what's in your queue and other information about your use of the Codeblack TV service. You'll also be able to see similar information from your Facebook friends who are connected with Codeblack TV. In addition, Codeblack TV may personalize and otherwise enhance your experience based on your Facebook information, such as your Likes and Interests. Please pay careful attention to your Facebook settings in Your Account as well as your Privacy Settings in Facebook which will impact this feature and give you some control over the information that is shared and who it is shared with.
BY CONNECTING YOUR CODEBLACK TV ACCOUNT TO YOUR FACEBOOK ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO FACEBOOK (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON FACEBOOK). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED INTHIS MANNER, DO NOT USE THE FACEBOOK CONNECT FEATURE. We and Facebook are continually making changes and improvements to this feature, and therefore the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms of Use.
• Member Reviews
We permit you to post reviews and ratings of movies and TV shows available through the Codeblack TV service. We may not regularly review the content posted on the Codeblack TV website; however, we reserve the right to reject, remove or edit such content at anytime without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the movie's or TV show's creative personnel; misleading information regarding the origin of the content; or a discussion of Codeblack TV policies or services. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason.
WHEN YOU HAVE SUBMITTED A REVIEW, WE WILL DISPLAY YOUR RATINGS OF MOVIES AND TV SHOWS AND YOUR CITY AND STATE LOCATION GIVEN AT SIGN UP. BY SUBMITTING A REVIEW, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW, INCLUDING YOUR RATING OF A MOVIE OR TV SHOW, AND YOUR CITY AND STATE TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF, AND VISITORS TO, THE CODEBLACK TV SERVICE. IF YOU DO NOT WANT YOUR REVIEWS, RATINGS, CITY AND STATE TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE REVIEW FEATURE.
Photos or images that you choose to post to your profile must be owned entirely by you and cannot contain the images of, or owned by, any third party, and cannot be infringing, vulgar, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. Like the content of your review itself, you understand and agree that we may, but are not obligated to, review any photos, images or pseudonyms you create and may delete or remove them (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see "Use of Information Submitted" below.
If you no longer wish to have your reviews publicly posted, you may delete them by going into the "Account" tab on the website and selecting "Reviews."
Use of the Reviews feature is for your personal, non-commercial use and is at your own option and risk.
The Reviews feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
• Passwords
The member who created the Codeblack TV account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Codeblack TV account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Codeblack TV Customer Support and potentially altering the Account Owner's control, the Account Owner should not reveal the last four digits of their credit or debit card associated with their account, or their email address if they use PayPal as their payment method.
BY SHARING THE CODEBLACK TV SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.
Account Access; Identity Protection
In order to provide you with ease of access to your account and to help administer the Codeblack TV service, Codeblack TV implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Codeblack TV service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or Codeblack TV ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or Codeblack TV ready device, you should logout and/or deactivate the device before doing so. If you fail to log out or deactivate your device, subsequent users may be able to access certain of your account information.
If you find that you're a victim of identity theft and it involves a Codeblack TV account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any emails requesting that you submit credit card or other account information. These types of emails, also known as phishing emails, can result in identity theft. Always access your sensitive account information by going directly to the Codeblack TV website and not through a hyperlink in an email, even if it looks official. Codeblack TV reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Codeblack TV is not obligated to credit or discount a membership for holds placed on the account by either a representative of Codeblack TV or by the automated processes of Codeblack TV.
Disclaimers of Warranties and Limitations on Liability
THE CODEBLACK TV SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE CODEBLACK TV SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE CODEBLACK TV SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. CODEBLACK TV DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE CODEBLACK TV SERVICE, INCLUDING SHIPMENT OF DVDS AND USE OF OUR SOFTWARE OR FUNCTIONALITIES, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT CODEBLACK TV MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE CODEBLACK TV SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. CODEBLACK TV SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, CODEBLACK TV READY DEVICES, AND CODEBLACK TV SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) content contained on or defects with DVDs from the Codeblack TV service, including damage or defects occurring or caused during shipment; (ii) errors or omissions in the content (including DVDs) delivered by the Codeblack TV service or on the Codeblack TV website or user interfaces; (iii) recommendations or advice of Customer Service; (iv) any failures, mis-shipments, delays, or interruptions in the shipment of DVDs; (v) any failure or interruption in the availability of the Codeblack TV service and/or website or user interfaces; (vi) delivery and or display of any content contained on the Codeblack TV website, user interfaces, or otherwise through the Codeblack TV service, including any DVDs; and (vii) any losses or damages arising from the use of the content provided on the Codeblack TV website, user interfaces, or otherwise through the Codeblack TV service itself, including any losses or damages arising from DVDs and/or downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, or any conduct by users of the Codeblack TV service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on movies and TV shows from the Codeblack TV service or the descriptions of any movie or TV show content contained on our website or user interfaces. We do not represent or guarantee that your use of the Codeblack TV service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Codeblack TV or its affiliated parties.
IN NO EVENT SHALL CODEBLACK TV, OR ITS SUBSIDIARIES, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CODEBLACK TV SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE CODEBLACK TV SERVICE, ANY DVD, CODEBLACK TV SOFTWARE OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE CODEBLACK TV SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE ANY DVD, THE CODEBLACK TV SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH'S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
CODEBLACK TV MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING CODEBLACK TV READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE.
Intellectual Property
• Copyright
The Codeblack TV service, including all content included on the Codeblack TV website and user interfaces, or delivered to members as part of the service or other offerings, including DVDs, movies and TV shows you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Codeblack TV or its suppliers and are protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Codeblack TV on our website and user interfaces, or in connection with the Codeblack TV service are the exclusive property of Codeblack TV and its licensors and are protected by the copyright and trade secret laws in the territories in which the Codeblack TV service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from Codeblack TV or its suppliers. You agree to adhere to the restrictions set forth under "Codeblack TV streaming software" and “Limitations on Use.” You agree not to decompile, reverse engineer or disassemble any software) or other products or processes accessible through the Codeblack TV service, not to insert any code or product or manipulate the content of the Codeblack TV service in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Codeblack TV reserves the right to terminate your membership hereunder if Codeblack TV, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the Codeblack TV software restrictions, copying of movies and TV shows provided to you by us, the or the copying or other unauthorized use of our proprietary content. Codeblack TV does not promote, foster or condone the copying of movies or TV shows or any other infringing activity. The use of the Codeblack TV service, including movies and TV shows made available to you by us, is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the Codeblack TV service, including any on the Codeblack TV website or user interfaces.
• Trademarks
Codeblack TV is a registered trademark of Codeblack TV. The Codeblack TV logo, Codeblack TV.com, Profiles, and CineMatch are trademarks or service marks of Codeblack TV. The Codeblack TV website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Codeblack TV, Inc. The trademarks, service marks and trade dress of Codeblack TV may not be used or reproduced without prior written approval from Codeblack TV and may not be used in connection with any product or service that is not affiliated with Codeblack TV, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Codeblack TV, or in any manner that disparages or discredits Codeblack TV. The Sonic Eagle and Mailbox logos are trademarks of the U.S. Postal Service and are used only with the permission of the U.S. Postal Service (the U.S. Postal Service is not affiliated with, connected to, sponsored by, or a sponsor of, Codeblack TV.) Other trademarks that appear on the Codeblack TV website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Codeblack TV. Any images of persons or personalities contained on the Codeblack TV website and user interfaces are not an indication or endorsement of Codeblack TV or any particular product or our service unless otherwise indicated.
• Patents
The U.S. Patent & Trademark Office issued to Codeblack TV U.S. Patent No. 6,584,450 and U.S. Patent No. 7,024,381 that cover our subscription rental service and several extensions, and U.S. Patent No. 6,966,484 for our mailer. Codeblack TV has other patents pending that apply to the Codeblack TV service and our operations.
Entertainment and Service Content
We distribute movie, television, and other filmed entertainment and we reserve the right to display and promote the filmed entertainment or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the Codeblack TV service allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Codeblack TV service are those of the respective authors or producers and not of Codeblack TV, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Codeblack TV, or its shareholders, directors, officers, directors, or employees or Licensors be held liable for any loss or damage caused by your reliance on information obtained through the Codeblack TV service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Codeblack TV service.
Use of Information Submitted
Codeblack TV is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Codeblack TV service, including the Codeblack TV website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Codeblack TV service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Codeblack TV does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Codeblack TV. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Codeblack TV and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Occasionally we are able to identify personal CDs, DVDs or other items inadvertently submitted to us as part of our rental return process. In such instances, we may attempt to return the item to the sender. However, it may not always be possible for us to identify and return your personal items. In addition, on rare occasions, these personal CDs, DVDs or other items are re-transmitted inadvertently to members during our normal shipping and receiving operations. We disclaim any responsibility for and you hereby expressly release us from any liability arising from any re-transmission, including both the shipment and receipt of such items, or failure to return personal items inadvertently submitted to Codeblack TV. We encourage you to be careful in returning items to us in our postage paid envelopes.
Service Testing
From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of movies and TV shows, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Electronic Communications
By using the Codeblack TV service, you consent to receiving electronic communications from Codeblack TV. These communications will include notices about your account (e.g., shipping and receiving, password change confirmation e-mails and other transactional information) and information concerning or related to our service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with Codeblack TV and you receive them as part of the Codeblack TV membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Customer Service
If you need assistance with your account, you may reach Customer Service at
help@codeblacksupport.com.
Your Conduct in Accessing the Codeblack TV Service
By accessing the Codeblack TV service, including the Codeblack TV website and user interfaces, you agree to use the Codeblack TV service, features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Codeblack TV service. You also agree not to interfere with the servers or networks connected to any portions of the Codeblack TV service or to violate any of the procedures, policies or regulations of networks connected to the Codeblack TV service. You also agree not to impersonate any other person while using the Codeblack TV service, conduct yourself in a vulgar or offensive manner while using the Codeblack TV service, or use the Codeblack TV service for any unlawful purpose.
Limitations on Use
You must be 18 years of age or older to become a member of the Codeblack TV service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use. While Codeblack TV does distribute products that may be watched by children, we do not intentionally seek to collect information from individuals 13 years of age and younger. Unless otherwise specified, the Codeblack TV service, and any content viewed through our service, are for your personal and non-commercial use only and we grant you a limited, non exclusive, non transferable, license to access the Codeblack TV service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Codeblack TV website, including but not limited to information contained within a member or members' Queue, without our express written consent. Codeblack TV does not promote, foster or condone the copying of movies and TV shows, digitally delivered content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Codeblack TV service. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Codeblack TV without our express written consent. You may not purchase search terms or use any meta tags or any other "hidden text" utilizing the Codeblack TV name or trademarks without our express written consent. Any unauthorized use of the Codeblack TV service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.
Links and Pages
Some of the hyperlinks on the Codeblack TV website may lead to other websites or Applications that are not controlled by, or affiliated with, Codeblack TV. In addition, other websites may link to the Codeblack TV website or Codeblack TV may include links to the websites of businesses, including those that have associations with us through certain programs. For example, Codeblack TV may include pages that display and provide information on Applications, Codeblack TV ready devices or other products. These pages may provide links to third party sites where Codeblack TV members may obtain or purchase such Applications and devices. Codeblack TV has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. You acknowledge and agree that Codeblack TV is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications and devices. You should carefully review their privacy statements and other terms and conditions of use. You should also refer to the section of these terms titled "Applications" and "How Our Service Works."
Claims of Copyright Infringement
It is the policy of Codeblack TV to respect the intellectual property rights of others. Codeblack TV does not promote, foster or condone the copying of movies, TV shows, or other digitally delivered content or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material available through the Codeblack TV service, or know of someone who is making unauthorized use of the content available through the Codeblack TV service, please notify us at the address specified below of your concern by submitting a signed written notice containing all of the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material available through the Codeblack TV service that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
Our copyright notice email address is copyright@codeblacksupport.com. Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this phone number or email address. For queries that are not related to copyright matters, please contact us at
help@codeblacksupport.com.
Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our service or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
(i) Your physical signature;
(ii) Identification of the material that had been removed or disabled, including if applicable, the specific URLs where the material appeared before it was removed or disabled;
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person. :
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it. Codeblack TV shall have the right to terminate the account of any member who posts infringing material.
Disputes; Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to conflicts of laws provisions. You and Codeblack TV agree that the United States District Court for the Northern District of California and/or the California Superior Court for the County of Santa Clara shall have exclusive jurisdiction over any dispute between you and Codeblack TV relating in any way to the Codeblack TV service, our website or user interfaces, or these Terms of Use. You and Codeblack TV expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
Last Updated: February 21, 2011
Processing...
